RAJIV OBEROI Vs. RAJESH GUPTA

JUDGEMENT

(1.) The petitioner is seeking initiation of contempt proceedings against the respondent/contemnor under Ss. 10, 11 and 12 of the Contempt of Courts Act, 1971 'C.C.Act", for the wilful disobedience and non-compliance of the impugned order dtd. 30/5/2018, passed by the learned Additional District Judge-02, South- East, Saket Court, Delhi 'ADJ' in Execution Petition No. 742 of 2017 titled as 'Rajiv Oberoi v. Jatinder Oberoi", whereby the Learned Executing Court had restrained the respondent/contemnor to make the payment of Rs.10,00,000.00 to Sh. Jatinder Oberoi, till further direction of the learned Executing Court.

(2.) Shorn of unnecessary details, the petitioner and one Sh. Jatinder Oberoi, who are real brothers, jointly own property L-10, Kalkaji, New Delhi 'Property in question". Sh. Jatinder Oberoi had previously initiated a partition suit 'CS(OS) No. 140 of 2012", in this Court and in order to resolve a long pending dispute with the respondent, he borrowed Rs.10,00,000.00 in cash from the petitioner on 25/4/2014, executing a promissory note in the process. However, Mr. Jatinder Oberoi did not settle the matter and continued pursuing the partition suit. Consequently, the petitioner had filed a Summary Suit No. 611/2015 'New case No. 7301/2016' against Mr. Jatinder Oberoi before the District Court, Delhi.

(3.) The dispute between the petitioner and Sh. Jatinder Oberoi was resolved through the Mediation Cell at Saket Courts, resulting in a settlement decree dtd. 11/5/2017. According to the settlement, Sh. Jatinder Oberoi was obligated to pay Rs.10,00,000.00 to the petitioner by 11/8/2017. However, since no payment was made, the petitioner filed Execution No. 742/2017 before the learned Saket Court, Delhi. During the execution proceedings, on 3/2/2018 Sh. Jatinder Oberoi made a statement undertaking to pay the decretal amount within two months, but he failed to fulfil his obligation. Later, Sh. Jatinder Oberoi, holding a 50% share in the property in question, executed an Agreement to Sell in favour of the respondent on 13/2/2016, during the pendency of CS(OS) No. 140 of 2012.